Austin Post Divorce Attorney

A signed divorce decree rarely closes every question a family has. The goal after the judge signs is an order that actually works: support that arrives on time, a parenting schedule both households can keep, property that has truly changed hands, and a way to fix things when life moves on. The Law Office of Oprea & Weber is a boutique divorce and family law firm that handles modifications, enforcement, relocation disputes, and other follow-up work for families in Austin and across Travis, Williamson, Hays, and Bastrop Counties, and our Austin post divorce attorney services are built around making an existing order fit the life you have now.

Post-divorce cases tend to fall into two camps. In one, the order is fine on paper but the other side is not following it: missed payments, withheld possession time, a retirement account that was never divided. In the other, the order no longer matches reality because a job ended, a child’s needs changed, or a parent is moving across the state. Each camp has its own legal standard, its own evidence, and its own pace, and the path you take in the first few weeks often determines how smoothly the rest goes.

Most of these disputes begin as a frustration that has been building for months. Handling them well means getting the facts organized, deciding whether a conversation, a negotiated agreement, or a court filing is the right tool, and being ready to move to the next tool if the first one fails.

What Changes After the Decree: Modification Standards in Texas

Courts do not reopen a final decree just because one parent is unhappy with it. A request to change conservatorship or possession requires a material and substantial change in circumstances since the last order, and the court must also find that the change is in the child’s best interest. Judges in Travis County take that two-part test seriously, which means a modification case is built on specifics: what was true when the order was signed, what is true now, and why the difference matters to the child.

Texas also recognizes a few situations that give a modification claim a head start. A child who is at least 12 can tell the judge, in chambers, which parent the child prefers to have the right to designate the primary residence, and that preference is a recognized ground for revisiting the order. Another ground arises when the parent holding the primary-residence right has voluntarily handed primary care and possession to someone else for at least six months. When a request to change the primary-residence right is filed within one year of the original order, or of the signing of the mediated or collaborative settlement agreement behind it, the filing must be supported by an affidavit. That affidavit has to allege that the child’s present environment may endanger the child’s physical health or significantly impair emotional development, that the parent with the primary-residence right is seeking or agreeing to the change, or that the parent voluntarily gave up primary care for at least six months. Without it, the court can refuse to proceed.

Child support follows its own rules. An order can be revisited when three years have passed since it was signed or last changed and the monthly amount differs from the guideline figure by either 20 percent or $100. Alternatively, a material and substantial change in circumstances opens the door with no waiting period at all, such as a significant job loss or a child’s new medical needs. When the parents originally agreed to an amount that departs from the guidelines, the court may modify only on that material-and-substantial-change showing. A parent’s incarceration for more than 180 days counts as exactly that kind of change.

The Texas guideline percentages for support are applied to the paying parent’s monthly net resources, which are 20 percent for one child, 25 for two, 30 for three, 35 for four, and 40 for five, with six or more children receiving not less than the five-child figure. Those percentages apply only up to a statutory ceiling on net resources, and that ceiling is raised periodically, so a parent whose income has grown may find the guideline number has shifted even when nothing else changed. Net resources include all wages, overtime, commissions, tips, and bonuses, which is why a pay change often drives a modification request.

Why Choose Oprea & Weber for Post-Divorce Modification and Enforcement

The Law Office of Oprea & Weber is a boutique family law firm serving Austin and Central Texas, with clients throughout Travis, Williamson, Hays, and Bastrop Counties. Kevin Weber, Attorney, and Karen Oprea, Attorney, both graduated magna cum laude from the University of Michigan Law School. Kevin trained in complex commercial litigation and negotiation at Latham & Watkins in Manhattan, a background that translates well to disputes over business interests, retirement accounts, and financial compliance after a decree. Karen has briefed and argued cases before the Fifth Circuit Court of Appeals, the Texas Court of Criminal Appeals, the Texas Courts of Appeals, and the New York appellate courts, which matters when a post-divorce dispute turns on how an order’s language should be read and preserved for review.

Post-divorce work depends on someone who knows the file. At this firm, your attorney personally handles your case from the first consultation through the final order, with an intentionally manageable caseload and no hand-off to layers of staff or junior associates. Clients get direct attorney access and explanations in plain language. Kevin also mediates family law disputes and represents clients in mediation, so he sees from both sides of the table what makes a modification agreement durable. Clients describe the firm as knowledgeable, thorough, and caring, and one reviewer noted that Kevin “translates legal language into applicable information,” which is exactly what a person trying to decide whether to file a motion needs.

We prepare every case as though it may be tried, because that preparation is what gives a negotiation weight. But we also look for the cooperative route first. A modification both parents sign is faster and cheaper than a contested hearing, and for many families it keeps the relationship workable for the years of co-parenting still ahead.

Common Post-Divorce Issues We Handle

• Child Support Modification: A job loss, a significant raise, a new baby in another household, or a child’s changed medical needs can all justify a new calculation. The three-year, 20 percent or $100 route and the material-change route work differently, and choosing the right one affects timing.
• Custody and Possession Changes: Requests to alter conservatorship, the right to designate primary residence, or the possession schedule require a material and substantial change and a best-interest finding. A teenager’s stated preference, a parent’s relocation, or a safety concern are typical triggers.
• Move to the Expanded Standard Possession Order: New orders for parents who live within 50 miles of each other now default to the Expanded Standard Possession Order, with Thursday overnights and weekends running through Monday morning. Parents with older orders do not get that schedule automatically and must file a modification to adopt it.
• Relocation Disputes: A parent who wants to move a child out of the area, or who objects to the other parent’s move, needs the order reviewed first, since geographic restrictions in the decree control what can happen next.
• Enforcement of Property and Support Orders: Unpaid child support, unpaid spousal maintenance, an ex-spouse who refuses to sign title or refinance a mortgage, or a retirement account that was never divided all call for enforcement rather than modification.
• Spousal Maintenance Problems: Texas caps maintenance at the lesser of a fixed dollar amount or 20 percent of the paying spouse’s average monthly gross income, with duration limits tied to the length of the marriage. Disputes after the decree often involve missed payments or whether the order’s terms were met.
• Possession Interference: Repeated missed exchanges, withheld holidays, and refusal to follow the written schedule can support an enforcement action and, in some cases, a change to the order itself.
• Protective Orders Tied to a Divorce: Orders issued against a spouse who is a party to a pending divorce generally last until the second anniversary of the signed final decree, which affects how custody and exchanges are structured afterward.

What to Do When the Order Is Not Working

Start by reading the decree closely, because everything that follows depends on its exact wording. Many disputes that feel like breaches turn out to involve ambiguous language, and others involve deadlines that are already running. Pull the signed decree, any agreed or mediated settlement paperwork, and every later order, and put them in date order. Then collect proof of the problem: payment histories from the Texas child support system or your bank, text messages and emails about missed exchanges, calendars showing the possession schedule that was ordered versus the time actually received, and, for a modification, documents that show the change in circumstances such as pay stubs, termination letters, medical records, or school records.

Before filing anything, decide whether a written request or a conversation through counsel can fix it. A clear letter that cites the order and states what is owed often resolves a payment problem without a courtroom. If it does not, the next move is a petition in the court that issued the order. Divorce and family cases in Travis County are heard in the district courts housed in the Travis County Civil and Family Courts Facility in downtown Austin, and the county’s Associate Courts and Title IV-D Child Support Courts handle many support matters. Contested hearings and trials there are generally held in person unless the parties agree otherwise or the judge directs otherwise. If your case was decided in Williamson, Hays, or Bastrop County, the filing generally goes back to the court that signed the decree, which would be a district court in Georgetown, San Marcos, or Bastrop respectively. Bastrop County’s 423rd District Court hears matters arising within Bastrop County only, while the 21st and 335th serve a wider group of counties. Travis County also publishes a standing order for family law cases, and reading it before you file prevents avoidable missteps.

The most common mistakes are self-help ones. Withholding child support because possession time was denied, or withholding possession because support was missed, hands the other side an argument and can create a new violation. Moving a child to a new area without checking the order’s geographic restriction does the same. Do not stop complying with an order you think is unfair; ask the court to change it. Also watch the clock on the one-year affidavit requirement for changes to the primary-residence right and the three-year mark for guideline-based support modifications, because filing in the wrong window can cost months. A consultation early in the process lets us tell you which standard applies and what evidence the judge will expect to see.

Questions About Post-Divorce Cases in Austin

Can I change my divorce decree after it is final?

Certain parts can be changed and others generally cannot. Child custody, possession, and child support orders can be modified when the legal standard is met. The property division in a final decree is far harder to revisit, though problems with carrying it out, such as an unsigned deed or an undivided retirement account, can be enforced or clarified.

What counts as a material and substantial change in circumstances?

The phrase has no fixed list. Courts look at whether something significant has shifted since the last order, such as a parent’s relocation, a major change in income, a change in a child’s health or needs, or a pattern of not following the order. The change must matter to the child, and for conservatorship and possession the court must also find that modification is in the child’s best interest.

My child is 12. Can the child decide which parent to live with?

Not on their own. A child who is at least 12 can tell the judge in chambers which parent the child prefers to have the right to designate the primary residence, and that statement is a recognized ground for modification. The judge treats it as one factor and still decides based on the child’s best interest.

How soon can I ask to lower child support after losing my job?

You do not have to wait three years. A material and substantial change in circumstances can support a modification right away, and a lengthy job loss often qualifies. Keep paying what the order requires while the case is pending, because the court generally cannot reduce amounts that came due before you filed.

My ex stopped paying child support. What can I do?

You can seek enforcement through the court that issued the order, and in many cases the Texas child support system can also assist. Gather payment records showing what was due and what was paid. Enforcement is separate from modification, so a missed payment does not by itself change the amount owed.

Does my older possession order switch to the Expanded Standard Possession Order automatically?

No. The Expanded Standard Possession Order, which adds Thursday overnights and extends weekends through Monday morning, is the default for new orders where the parents live within 50 miles of each other. If you already have an order, you must file a modification to adopt that schedule, and the other parent can agree or contest it.

Can a stepparent still seek custody or visitation after a divorce?

Standing for non-parents was narrowed by recent changes to the Family Code. The law now centers on whether the person has exclusive care, control, and possession of the child, a stricter test than the earlier six-month care standard. Whether a stepparent can proceed depends on the specific facts of the child’s living situation.

How long does a post-divorce modification take in Travis County?

It depends on whether the other parent agrees and on the court’s calendar. An agreed modification can be signed within a matter of weeks once the paperwork is ready. A contested case involving evidence, a hearing, or a trial typically takes months. Mediation often shortens that timeline for parents willing to talk.

Do I need a lawyer if my ex and I agree on the change?

An agreement still has to be written correctly and approved by the court to be enforceable. Informal understandings, such as an exchange of time that is not in the order, leave you with no remedy if they break down. Having an attorney draft the agreed order protects both sides from ambiguity.

Can I challenge paternity after a divorce or acknowledgment?

There are strict time limits. A proceeding to adjudicate parentage for a child with a presumed father generally must start by the child’s fourth birthday, subject to exceptions such as misrepresentation. A signed acknowledgment of paternity can be rescinded within 60 days, and after that it can be challenged only for fraud, duress, or material mistake of fact. Because these windows are firm, speak with an attorney quickly.

Is a protective order connected to a divorce treated differently?

Often, yes. When the respondent is a party to a divorce suit with the person who sought protection, the order generally lasts until the second anniversary of the date the final decree is signed. Other protective orders last for the period stated in the order, usually up to two years, and can be longer in specific circumstances such as serious bodily injury. A protective order can be renewed by filing a new application no more than 30 days before it expires.

Serving Post-Divorce Clients Across Austin and Central Texas

Our post-divorce work begins in Austin and Travis County, where we assist families in neighborhoods and communities such as Downtown, Hyde Park, Clarksville, Zilker, Barton Hills, Bouldin Creek, East Austin, Mueller, Tarrytown, Rosedale, Allandale, Windsor Park, Circle C, Oak Hill, Steiner Ranch, and Westlake. We also represent clients in Pflugerville, Manor, Lakeway, Bee Cave, Jollyville, and Cedar Park-area households with ties to Travis County courts.

For families in Williamson County, we serve clients in Round Rock, Georgetown, Cedar Park, Leander, Hutto, Taylor, Liberty Hill, and Florence, where matters are heard in the county’s district courts in Georgetown. In Hays County, we assist clients in San Marcos, Kyle, Buda, Dripping Springs, Wimberley, and Mountain City, with cases handled through the Hays County courts in San Marcos. And in Bastrop County, we work with families in Bastrop, Elgin, Smithville, Cedar Creek, and Paige, where the 423rd District Court hears matters arising within the county. Wherever your decree was issued, we can review it, tell you what can be changed or enforced, and take the next step with you.

Talk With an Austin Post-Divorce Attorney About Your Order

If your decree no longer fits your family, or the other side is not honoring it, you do not have to wait for the problem to grow. An Austin post divorce attorney at Oprea & Weber can read your orders, explain which standard applies, and lay out a plan that starts with cooperation and is ready for court if it has to be. Call to schedule a consultation, and your attorney will personally review your case with you from the first conversation forward.